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By :
amit
student
[ Scorecard : 37]
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ON : 5/6/2008 10:16:49 PM
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My grandfather purchased property on attorney, Gpa in name of my father, and Special PoA in Grandfathers name. He wrote 2 wills, in latest will he bequethed all property to my father.This will, he signed on x date and got it attested by witness on y and z dates. This will is handwritten. My Tau filed a suit for partition , mandatory and permanenet injunction in which partition in six poetions was decvided and permanent injunction was decreed. We filed will, gpa and bedakhal notice in newspaper and handwritten docs in that case, but due to bar counsel strike, cross of plaintiff(tau) was done by my father himself and we lost that case as will was not proved. We filed a appeal in High Court, which is pending. Now we filed a probate case, in which we filed both wills and asked for probate of latest will with one attesting witness in court. We asked for bank opening of my grandfather and put signature experts opinion matching sign on wills and account opening form. Other party said will is forged and resjudicata apllies. Now this probate case has also been dismissed. What can we do now, further can we ask fo probate of earlier will in which my father and chacha are given 50-50share. We have all genuine documents will, handwritten debarment by my grandfather against my tau. Property purchased by my grandfather with Gpa in my fathers name and Spa In his (grandfathers)name. Can by virtue of Gpa my father becomes absolute and lawful owner of said property, Kindly guide with your opinipns, Due to this we are loosing faith in judiciary
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By :
yedhulaprakash
Lawyer
[ Scorecard : 6544]
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ON : 5/7/2008 10:08:37 AM
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The general power of attorney has no validity after the death of your grandfather nor it will give your father any right over the property. Regarding the probate of the earlier Will, it all depends on the pleading you made in the suit and the probate petition that was dismissed. You cannot play hard and fast when it comes to court matters.
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By :
amit
student
[ Scorecard : 37]
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ON : 5/7/2008 7:11:13 PM
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sir i want o say, this gpa was executed in my fathers name by seller directly, not by my grandfather. Can you plz explain and guide as i m a layman
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By :
Ajay kumar singh
Advocate
[ Scorecard : 182]
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ON : 5/7/2008 7:40:55 PM
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Please note that a power of attorney confers no right.An attorney is just an agent.The power of attorney loses its validity on the death of power-giver.But this fact is admitted that the property belonged to your grandfather.So,he had every right to execute WILL in favour of your father. Being the last testament,the second will is valid .you should move the matter of probate in upper court.
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By :
S K RAJEE (Guest)
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ON : 5/8/2008 2:29:52 PM
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My self s.k.Rajee. Myself and my husband got a loan from icici bank (Rs. 4,16,000) and purchased one flat at nandgram, Ghaziabad. I am the co-applicant and my husband was a main applicant. we got the loan on August,2004. suddenly my husband was expired on March, 2005. thereafter, i have paid the loan amount to ICICI Bank. I have one minor son aged 8 years. the property was registered in my husband's name. but the mutation of the property has not yet done. Now, i got re-married and the son is with me only. If I want to do the mutation in my name what i have to do? after the mutation if i want to sale the house, what i have to do? whom i have to contact for mutation? kindly advise me and guide me please. You are requested to send your guidance for the above mentioned email id. thanking you
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By :
amit gupta_lawyer
lawyer
[ Scorecard : 1124]
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ON : 5/11/2008 1:50:19 PM
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hi there,
i have gone through the content mentioned by u,
first i need to say that there must be agreement to sell in favour of ur grand father which ur mentionning as spa, any ways gpa in favour of ur father does not give him right in property how ever he would have been given right to act on behalf of seller thats it.
now if ur talking about the will then in case the will is not registered then last will prevails. so if the will u were talking about is last one then u can ask for probate on that will basis
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By :
vishal (Guest)
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ON : 5/11/2008 9:25:48 PM
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hello sir,
i need a guidance, i had completed 1yrs of my marriage, my wife stay with me 3-4 months after our marriage then afterward she stay with her fathers house now i want to take divorce from her because our views is not match but she come back to my house and she won't give me divorce but im fadeup of her behaviour i want divorce could you please help me out or else give me some guidance
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By :
Geetu Masand (Guest)
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ON : 5/12/2008 2:19:56 PM
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Who do I need to contact to understand empolyee harresment / verbal harresment with in company
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By :
CHANDRA SEKHAR MOHANTY
BUSINESS
[ Scorecard : 23]
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ON : 5/29/2008 8:27:58 AM
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Sir
need advice in the year 1953 on the basis of registered permanent lease deed i have got a property with dilapidated house. Conditions:
Annual Rent: Rs 42/-
Salami: Rs 6,000.00
Coditions: can erect building, mortgage, plant tree etc. , lease in perpetuity.
Default in payment of rent will attract 12.5 % interest
Sale: can sell the property with the permission of the Lessor and on payment of transfer fees of 25 % of the value of the lease hold excluding the value of the building.Permisson can not be withheld without unreasonable reason.
Lease was granted by a Trustee to the Estate of Mr X
Present position: settlement opperation started in the year 1968 and R.O.R. published in the year 1989 in my name and i am paying land revenue to the govt and so also the holding tax to the municiplity in my name.
present case: in the year 2004 three persons came and filled a suit holding me as montly tenant and defult in payment of rent issued notice u/s 106 and filled a suit to harrass me and subsequently prayed for enjection for not to allinate the property.
our objecctions: strangers, no lucas standie of the present plaintiffs, the property leaseed out by trustee to the estate of Mr x. Plaintiifs claiming that they are the legal heirs of Mr X without mentioning the fact that how did they get the suit property from the trust.
Now after praying for not to alinate the property with the help of certain antisocials they are trying to harass us and trying mischiefs now i want to sell the property but due to the condition of 25 % transfer fees i am unable to sale the property . besides that i have obtained some money by executing agreement for sale of the property now without permission i can not saale the property now when i am challanging the lucos standie of the present plaintiffs i also can not ask them to give permission as i really do not know them how they are related to the Trust now i am not in position to repay the amount borrowed for sale of this property from others now i have only option is to sale my property to the proposed purchaser and without permission the proposed purchaser is not willing to get the property registered. So please advise what are the remedies available to overcome the present situation. Is it possible to get leave of the court and deposit the requisite transfer fees in court and get the sale deed executed. as it is clear that the present plaintiifs in colusion with the antisocials are trying to play mischieves with us. They (plaintiffs) will not allow us to sale the property on payment of transfer fees even if we will ask them for permission.
can i file an interpretor suit and ask for permission and deposit the requisite in court and execute sale deed for my double storied building.
please advise me
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